Hello All, I am new here and have been not seen this question addressed in past posts. Hopefully someone can answer this for me.
My husband was out of work for quite some time and fell behind on child support payments. He is currently working and has worked out a payment plan to get caught, wont get caught up for quite sometime.
My question is: With proof that he has made payment arrangements which are satisfactory to the FRO and can get a letter stating so, will he be able to sponsor me? I am a US citizen and my husband is Canadian.
If I were living and working in Canada he would be able to pay off back support faster as our expenses would be as much as it is due to having to maintain 2 households.
The CIC Sponsorship guide states You are not eligible to sponsor if you are in default of court ordered support payment obligations. It further states that default of any court ordered support payment obligations means you were ordered by a court to make support payments to your spouse, common-law partner or child and have neglected to do so. It goes on to say if you are in default of court ordered support payment obligations and you submit an application to sponsor, it will be refused even if you are sponsoring your spouse, common-law partner, conjugal partner, or child. However it also says that should you want to sponsor, you will have to resolve the family support matter to the satisfaction of the provincial or territorial authorities who ordered the payment. So this could mean that if you have an arrangement with maintenance enforcement they may accept that. I would get something in wirting for sure and at least discuss it with an immigration expert before making the sponsorship application. Perhaps some of the more experienced ppl on this forum can give more detailed advice. I hope this helps !! 
I have a tendency to agree with pepper . . . I think if the matter has gone to Court and FRO is now collecting the child support arrears (usually that's in the form of an additional sum added to the current support amount), as well as the current support payments, your husband would no longer considered to be "in default". But it would be a good idea to consult with an immigration attorney so you know what "proof" you might have to provide, if any. I don't know how CIC would get information that someone was in default of a child support obligation, it would probably be wise to find that out.
Thanks Guys, I am at my wits ends as I am not sure what to do now. I have been trying get work permit by trying to find a job in Canada, that's not been going very well. My only option is my husband sponsoring me. Arrears won't be caught up for 2 years so I am hoping that the fact that he is making extra payments to get caught might be in our favor.
Normally, the definition of default doesn't apply once a payment plan has been agreed on. That applies if it is with a creditor of any kind.
Catherine,
Here is an answer I got another website. I am hoping with the letter from FRO and maybe a letter explaining why he fell behind, layoff and failed business venture, he will be eligible to sponsor me.
Here is what OP 2 states
"They are in default of spousal or child support payments ordered by a court. This includes payments ordered by a court outside of Canada.
Persons in default of a court-ordered or court-registered support obligation to pay support are not eligible to sponsor. This includes persons who are and who are not registered with the responsible federal, provincial or territorial authority as being in default of family support obligations are not eligible to sponsor. A
person who is unable or unwilling to live up to current family related legal financial obligations is likely a poor risk for honouring a future family related financial commitment. Sponsors must demonstrate that they have resolved the matter to the satisfaction of the responsible provincial or territorial authorities before they can be eligible to sponsor."
Now since he has a repayment schedule approved by FRO then he should include that with the sponsorship. That should overcome the above.
CatherineM Wrote:Normally, the definition of default doesn't apply once a payment plan has been agreed on. That applies if it is with a creditor of any kind.
Catherine,
Does this mean we can answer no to the child support question since payments are being made; would we then exclude any explanations? Do they do credit check for these things? Your answers to my questions would be greatly appreciated. Thanks a bunch!!
They don't do credit checks, or a lot of us would be in trouble. As to the answer on the form, if he is making payments as agreed, he is not in default. He used to be in default. You answer questions on the forms as of the day you sign them. It would be the same as someone sponsoring who used to be on welfare. As long as they aren't on welfare when the application is signed, then they are eligible to sponsor. Make sure he is not in default when it comes time to land, because they may ask. They certainly ask if you have been arrested or gone on welfare since sending in the application.
Thanks for your reply Catherine!
I am not at all familiar with domestic relations law or child support collection in Canada, but I too tend to think that even if he was "in default" in the past, if he has a court approved payment plan that he is current with, then he should be able to check the no box for item 13 in the sponsor's eligibility assessment. Consulting with an immigration lawyer (which will cost upwards of two hundred or more dollars for just an hour) would help assure both of you. But, if you could afford that he probably would not have gotten into this imbroglio in the first place.
I am not so sure they do not do credit checks, particularly as to PR applicants -- but even if they do, bad credit is no cause to reject a sponsored family class applicant. One might think that would make credit checks irrelevant, but I suspect that, depending on what the primary level database reports show, if they are inclined to dig a bit deeper they may very well do credit checks as part of the background check, not looking for bad credit or defaulted obligations, but for patterns that might indicate criminal activity or organized crime associations, or information inconsistent with representations in the application.
To what extent they do checks on the sponsor, one gets the impression they are minimal, at least minimal beyond checking with the relevant gov't registrar offices to confirm things like marriage certificate and such, but that is far from certain.
Both of you want to be truthful, of course, for sure (otherwise one's PR is always at risk). So, if you can't afford to consult with a lawyer, and you feel he is not in default because of the implemented payment plan, you can check the "no" box and then in an addendum page add a clarification stating that he had previously been behind on payments but has an approved payment plan in place and is current in making those payments, so is not in default.
If you check "yes" to that box and try to explain, that probably will not avoid his being deemed ineligible. The instructions state that if you answer yes to any of the items 5 to 13 "you are not eligible to sponsor" and "You should not submit your application." I suspect they review this mechanically (not literally mechanically, but maybe), as in if they see one of those items checked yes they will look no further and rule he is ineligible.
By checking no, based on a good faith belief he is not in default (even though he is engaged in a plan to pay back payments), and adding a clear explanation of the actual circumstances, he is being honest, truthful, and forthcoming with the material information.
Edit: Note, if the terms of the payment plan, or if the court documents otherwise show him to be in "default," it's a no go. No explanation is likely to make a difference. Has to get the default resolved before he will be eligible to sponsor.
dpenabill, thanks for your detailed reponse. I really appreciate it.
I think we will go with no for the default question, and include the letter. Now the hard part begins..
I am looking for some advice or help with my situation. I am currently in the early stages of applying to sponsor my husband to Canada. I am Canadian, and he is Egyptian. I have been married before and must pay my ex-husband Child Support Payments. I have kept my support payments up to date, but when I was without a job, I was not able to pay for Child Support, and therefore I went into default.
I was reading that, if I am in default with my child support payments that I am not eligible to sponsor my husband.
But now, I am making an agreement and repayment schedule as I am not able to pay all the arrears in one time. Where does that leave me? Am I still able to sponsor my husband? What sort of proof is needed that I am making payments and also payments on arrears owed?
Thanks for your help in advance.
vivam Wrote:Thanks Guys, I am at my wits ends as I am not sure what to do now. I have been trying get work permit by trying to find a job in Canada, that's not been going very well. My only option is my husband sponsoring me. Arrears won't be caught up for 2 years so I am hoping that the fact that he is making extra payments to get caught might be in our favor.
Vivam, What is your status in Canada? How have you been trying to get a work permit? Just curious....
YankeeGirl
Right now just visiting till May, I abandoned the work permit route, we are going ahead with sponsonship; As for the work permit I was going to try for LMO, job hunt was going pretty well, got a few call backs and appts, but no one really wanted to be bothered with LMO. I am pretty sure if all was in order I would be working by now. Instead I am in the process of putting sponsorship app. together.